February 2011 Issue
Timothy K. Armstrong
Associate Professor of Law
Tim’s essay,Crowdsourcing and Open Access: Collaborative Techniques for Disseminating Legal Materials and Scholarship, 26 Santa Clara Computer & High Tech. L.J. 591 (2010), is now in print.
Tim’s article, Chevron Deference and Agency Self-Interest, 13 Cornell J.L. & Pub. Pol'y 203 (2004), was cited in Jeffrey A. Pojanowski, Reason And Reasonableness In Review Of Agency Decisions,104 Nw. U. L. Rev. 799 (2010).
Lin (Lynn) Bai
Associate Professor of Law
Lynn presented her paper, Credit Rating Agency Performance Disclosure Regulation, at the Ohio Legal Scholarship Workshop at Capital University Law School in Columbus, and at the University of Dayton School of Law in Dayton.
Lynn’s article,The Performance Disclosures of Credit Rating Agencies: Are They Effective Reputational Sanctions? 7N.Y.U. J. L. & Bus. 47(2010), is now in print.
Two of Lynn’s articles were cited:
•Lying and Getting Caught: An Empirical Study of the Effect of Securities Class Action Settelments on Targeted Firms, 158 U. Pa. L. Rev. 1877 (2010) (with James D. Cox & Randall S. Thomas), was cited in Victor D. Quintanilla, (Mis)Judging Intent: The Fundamental Attribution Error In Federal Securities Law,7 N.Y.U. J. L. & Bus. 195 (2010); and
•There are Plaintiffs and... There are Plaintiffs: An Empirical Analysis of Securities Class Action Settlements, 61 Vand. L. Rev. 350 (2008) (with James D. Cox & Randall S. Thomas), in Christina L. Boyd & David A. Hoffman, Disputing Limited Liability,104 Nw. U. L. Rev. 853 (2010).
Visiting Professor of Law
Kathy is coordinating the preparation of reports on human rights violations in Haiti as part of the Universal Periodic Review of Haiti that will take place before the UN Human Rights Council in Geneva in October 2011. She has undertaken several fact-finding investigations in Port au Prince, and recently returned from a delegation that provided advocacy training to grassroots Haitian organizations. She also proposed revisions to the draft resettlement policy that is being considered by the Interim-Haiti Recovery Commission.
Kathy recently launched the disaster law center,You.Me.We., which works to promote human rights and government accountability in the aftermath of major disasters.
Professor of Clinical Law
Marianna appeared with Hamilton County (OH) Republican Party chair, Alex Triantfilou, and Hamilton County Democratic Party Chair, Tim Burke,on Cincinnati public radio stationWVXUto discuss the still undecided Hamilton County juvenile judge elections on The Judge Race And How Its Outcome Could Affect Future Elections.
The Judge in Residence Program, which Marianna directs, brought in Terry Collins, immediate past Director of the Ohio Department of Rehabilitation and Correction, to discuss Ohio’s prison systems in a presentation called,Shackle, Shuffle, Clank, Zoom- Observations of the Ohio Prison System.
In her column, Legally Speaking, which appears monthly in The American Israelite andThe Cincinnati Herald, Marianna discussed legal issues relating to the unresolved Hamilton County Juvenile Court election in,The Hamilton County Juvenile Court election, The American Israelite, Feb. 3, 2011, at 20; and The Cincinnati Herald, Feb. 5, 2011, at 1, available at http://www.thecincinnatiherald.com/news/2011-02-05/Front_Page/The_Hamilton_County_Juvenile_Court_Election.html.
Dean and Nippert Professor of Law
Lou was quoted in UC Law School Builds On Services, Cincinnati Enquirer, Jan. 30, 2011.
Charles Hartsock Professor of Law and Director, Corporate Law Centre
Barbara’s article, How to Improve Retail Investor Protection after the Dodd-Frank Wall Street Reform and Consumer Protection Act, 13 U. Pa. J. Bus. L. 59 (2010), is now in print.
Barbara presented her paper, Stalled: Gender Representation on Corporate Boards, at the University of Dayton College of Law’s Symposium, Perspectives on Gender and Business Ethics: Women in Corporate Governance, in Dayton, OH.
Barbara’s comment on the Second Circuit’s opinion inStandard Investment Chartered Inc. v. NASD, which extended absolute immunity to self-regulatory organizations, was quoted in Securities Law Daily.
Barbara’s article, Tattlers and Trail Blazers: Attorneys' Liability for Clients' Fraud, 46 Washburn L.J. 91 (2006), was cited in Rebecca Roiphe, The Ethics of Willful Ignorance, 24 Geo. J. Legal Ethics 187 (2011).
Associate Professor of Legal Research and Writing
Michele attended a presentation by Professor Bruce Giffin through UC’sCenter for Education, Teaching, and Learning on The Praise Approach: An Alternative To Lecturing Students To Death.
A. Christopher Bryant
Professor of Law
Chris completed and submitted for publication an essay titled, “Foreign Law As Legislative Fact in Constitutional Cases.”
Chris published an op-ed in the Cincinnati Enquirer titled Health care rulings are not about autonomy, Cincinnati Enquirer, Feb. 4, 2011, http://news.cincinnati.com/article/20110204/EDIT02/102050352/Health-care-rulings-not-about-autonomy.
Lydie Nadia Cabrera Pierre-Louis
Visiting Assistant Professor of Law
Lydie presented an article, The Déjà Vu of Great Market Crashes: Unregulated Markets, Irrational Exuberance, and the Market Crashes of 2008, 1929 and 1792, at the Ohio Legal Scholarship Workshop, which was held at the Capital University Law School in Columbus.
Lydie’s article, Controlling a Financial Jurassic Park: Obtaining Jurisdiction Over Derivatives by Regulating Illegal Foreign Currency Boiler Rooms, 8 U.C. Davis Bus. L. J. 35 (2007) was cited in, Illuminating the Need for Regulation in Dark Markets: Proposed Regulation of the OTC Derivatives Market , 12 U. Pa. J. Bus. L. 473 (2010).
Lydie’s article, Corporate Law Decisions of the Supreme Court,1 Encyclopedia of the Sup. Ct. of the U.S. 444 (2008), was translated into Chinese by Baidu Publishers, the largest legal resources provider in China.
Paul L. Caron
Charles Hartsock Professor of Law
Paul published several issues of his SSRN Tax Law Abstracts e-journals:
7 issues of Tax Law & Policy (vol. 12, nos. 7-13)
4 issues of Practitioner Series (vol. 11, nos. 6-9)
4 issues of International & Comparative Tax (vol. 11, nos. 5-8)
Mark A. Godsey
Professor of Law and Director, Lois and Richard Rosenthal Institute for Justice, Ohio Innocence Project
Mark Godsey was named the Daniel P. and Judith L. Carmichael Professor of Law at the College of Law. In his official announcement of Mark’s new chair, Dean Lou Bilionis described Mark as “[a] nationally recognized authority on wrongful convictions, one of his generation's foremost scholars in the law relating to confessions and police interrogations, an award-winning teacher, and an award-winning model of inspiring service to students and colleagues alike.” Congratulations to Mark on this well-deserved honor!
The Ohio Innocence Project, which Mark directs, won a victory on Feb. 10 when one of its clients, Bryant Gaines, was vindicated. Mr. Gaines had been in prison since 2003 on a 15-to-life sentence for murder. Read more about Mr. Gaines and his case here.
Mark’s article, Rethinking the Involuntary Confession Rule: Toward a Workable Test for Identifying Compelled Self-Incrimination, 93 Cal. L. Rev. 465 (2005), was cited in Donald P. Judges & Stephen J. Cribari, Speaking Of Silence: A Reply To Making Defendants Speak, 94 Minn. L. Rev. Headnotes 11 (2009).
Mark was quoted in:
•UD Panel Confronts Unjust Imprisonment, Dayton Daily News, Jan. 24, 2011; and
• Seen & Overheard, Dayton Daily News, Jan. 22, 2011.
Mark gave a presentation on the Ohio Innocence Project to 75 members of the women's club at the Sycamore Presbyterian Church.
Associate Dean of Faculty and Gustavus Henry Wald Professor of Law and Contracts
The College’s Center for Race, Gender, and Social Justice—which Emily directs with Kristin Kalsem and Verna Williams—sponsored a “Coffee Corner” discussion with Wayne McKenzie, Director of the Prosecution and Justice Project with the Vera Institute of Justice (based in New York). The Center also sponsored a panel discussion on the causes, consequences, and cures of racial and ethnic disproportionality in conviction and incarceration rates, featuring Mr. McKenzie, Steve Tolbert (Hamilton County Prosecutor’s Office), and Janaya Trotter (Ritter & Randolph, LLC), and moderated by Janet Moore, Visiting Assistant Professor at the College of Law.
As part of the University’s ReGeneration speaker-series, which is co-sponsored by the Department of Women’s, Gender, and Sexuality, Emily introduced renown political philosopher Nancy Fraser, who is the Henry A. and Louise Loeb Professor of Political and Social Science at The New School in New York City; Professor Fraser delivered a talk titled, “The Market in Nature.”
Emily presented a work-in-progress, “A Redemptive Theory of Contract,” at the Sixth Annual International Conference on Contracts at Stetson University College of Law in Gulfport, Florida, as well as at Chicago-Kent College of Law, one of the College’s partners in its ongoing faculty exchange workshop program.
Emily moderated a discussion of an episode of the HBO series, The Wire, during a Black Law Students Association movie night.
Professor of Law
The College’s Center for Race, Gender, and Social Justice—which Kristin directs with Emily Houh and Verna Williams—sponsored a “Coffee Corner” discussion with Wayne McKenzie, Director of the Prosecution and Justice Project with the Vera Institute of Justice (based in New York). The Center also sponsored a panel discussion on the causes, consequences, and cures of racial and ethnic disproportionality in conviction and incarceration rates, featuring Mr. McKenzie, Steve Tolbert (Hamilton County Prosecutor’s Office), and Janaya Trotter (Ritter & Randolph, LLC), and moderated by Janet Moore, Visiting Assistant Professor at the College of Law.
Professor of Law and Criminal Justice
Christo’s article, TV or Not TV - That is the Question? 86 J. Crim. L. & Criminology 928 (1996), was cited in Kevin F. O'Malley, Jay E. Grenig, & William C. Lee, Federal Jury Practice and Instructions (Thomson/West, 6th ed. 2011 Supp.).
Christo was quoted in:
• A Brave 'New Media' World For Courts?Cincinnati Enquirer, Feb. 15, 2011; and
• Will A Jury 'Buy' Troubled Widmer Witness? Cincinnati Enquirer, Jan. 30, 2011.
Bert B. Lockwood
Distinguished Service Professor of Law and Director, Urban Morgan Institute for Human Rights
Bert wrote a guest column in the Cincinnati Enquirer, titled Mohamed ElBaradei man of integrity, courage, Cincinnati Enquirer, Jan. 31, 2011.
S. Elizabeth Malloy
Andrew Katsanis Professor of Law
Betsy’s article,Beyond Misguided Paternalism: Resuscitating the Right to Refuse Medical Treatment, 33 Wake Forest L. Rev. 1035 (1998), was cited in Strong's North Carolina Index (Lawyers Cooperative Publishing, 4th ed, 2011 Supp.).
James B. Helmer, Jr. Professor of Law
Several of Brad’s publications were cited:
Legal Context: Reading Statutes in Light of Prevailing Legal Precedent, 34 Ariz. St. L.J. 815 (2002), in Anita S. Krishnakumar, Statutory Interpretation In The Roberts Court's First Era: An Empirical And Doctrinal Analysis, 62 Hastings L.J. 221 (2010);
·Protecting Intrastate Threatened Species: Does the Endangered Species Act Encroach on Traditional State Authority and Exceed the Outer Limits of the Commerce Clause?, 36 Ga. L. Rev. 723 (2002), in Robert D. Cooter & Neil S. Siegel, Collective Action Federalism: A General Theory Of Article I, Section 8, 63 Stan. L. Rev. 115 (2010);
·What Comes After Technology: Using an "Exceptions Process" to Improve Residual Risk Regulation of Hazardous Air Pollutants, 13 Stan. Envtl. L.J. 263 (1994), in Matthew D. Adler, Against "Individual Risk": A Sympathetic Critique Of Risk Assessment, 153 U. Pa. L. Rev. 1121 (2005); and
·Public Participation (Chapter 31), in Brownfield's Law and Practice (Michael B. Gerrard ed. Matthew Bender 1998), was cited in Larry Schnapf, How The CERCLA Notification Requirements Facilitate The Creation Of Brownfields And What EPA Can Do To Address This Problem, 11 Sustainable Dev. L. & Pol'y 19 (2010).
Assistant Professor of Law
Stephanie’s article, To Have and to Hold and to Shift Between Us: Rethinking Marital Property for Federal Income Tax Return Filings, 10 Nevada L.J. ___ (forthcoming 2010), was cited in Anthony C. Infanti, Decentralizing Family: An Inclusive Proposal For Individual Tax Filing In The United States, 2010 Utah L. Rev. 605.
Profile of Professor McMahon
Associate Professor of Law
Darrell presented “Racial Cartels and the Thirteenth Amendment Enforcement Power” at the Inaugural James and Mary Lassiter Conference, Structural Racism: Inequality in America Today at the University of Kentucky College of Law. Darrell will be preparing an article for publication in the University of Kentucky Law Journal based on his remarks.
Darrell’s article, Guns as Smut: Defending the Home Bound Second Amendment 109 Colum. L. Rev. 1278 (2009), was cited in Lawrence Rosenthal & Joyce Lee Malcolm, McDonald v. Chicago: Which Standard Of Scrutiny Should Apply To Gun-Control Laws? 105 Nw. U. L. Rev. Colloquy 85 (2010).
Visiting Assistant Professor of Law
Janet moderated a panel discussion at the College on the causes, consequences, and cures of racial and ethnic disproportionality in conviction and incarceration rates. The panel featured Wayne McKenzie (Director of the Prosecution and Justice Project with the NYC-based Vera Institute of Justice), Steve Tolbert (of the Hamilton County Prosecutor’s Office), and Janaya Trotter (of Ritter & Randolph, LLC).
Douglas Mossman, MD
Director, Glenn M. Weaver Institute of Law and Psychiatry
Several of Doug’s publications were cited:
·Assessing Predictions of Violence - Being Accurate about Accuracy, 62 J. Consulting & Clin. Psychol. 783 (1994), in Genevieve Parent, Jean-Pierre Guay, & Raymond A. Knight, An Assessment Of Long-Term Risk Of Recidivism By Adult Sex Offenders: One Size Doesn't Fit All, 38 Crim. Just. & Behav. 188 (2011);
·Deinstitutionalization, Homelessness, and the Myth of Psychiatric Abandonment: A Structural Anthropology Perspective, 44 Soc. Sci. & Med. 71 (1997), in Jason Adam Wasserman & Jeffrey Michael Clair, Housing Patterns of Homeless People: The Ecology of the Street in the Era of Urban Renewal, 40 J. Contemp. Ethnography 71(2011); and
·Three-way ROCs, 19 Med. Decis. Making 78 (1999), in Y. Foucher, et al. Time-Dependent ROC Analysis For A Three-Class Prognostic With Application To Kidney Transplantation, 29 Stat. Med. 3079 Sp. Iss. SI (Dec. 30 2010).
Rachel Jay SMith
Professor of Legal Research and Writing
Rachel attended a presentation by Professor Bruce Giffin though UC's Center for Education, Teaching, and Learning on The Praise Approach: An Alternative To Lecturing Students To Death.
Michael E. Solimine
Donald P. Klekamp Professor of Law
Michael published Interstate Recognition of Same-Sex Marriage, the Public Policy Exception, and Clear Statements of Extraterritorial Effect, 41 Cal. W. Int’l L.J. 105 (2010), as part of a symposium on DOMA and Issues Concerning Federalism and Interstate Recognition of Same-Sex Relationships.
Michael was a featured speaker at a forum on What We Know About Selecting Judges, at Cleveland State College of Law, sponsored by the Task Force on Judicial Excellence, of the Cleveland Metropolitan Bar Association, on Feb. 24.
Several of Michael’s publications were cited:
·Congress, Separation of Powers, and Standing, 59 Case W. Res. L. Rev. 1023 (2009), in Heather Elliott, Congress’s Inability to Solve Standing Problems, 91 B.U. L. Rev. 159 (2011);
·Diluting Justice on Appeal?: An Examination of the Use of District Court Judges Sitting by Designation on the United States Courts of Appeals, 28 U. Mich. J.L. Reform 351 (1995) (with Richard B. Saphire ), in Paul M. Collins, Jr. & Wendy L. Martinek, The Small Group Context: Designated District Court Judges in the U.S. Courts of Appeals, 8 J. Empirical Legal Stud. 177 (2011);
·Ideology and En Banc Review, 67 N.C. L. Rev. 29 (1988), in Paul M. Collins, Jr. & Wendy L. Martinek, The Small Group Context: Designated District Court Judges in the U.S. Courts of Appeals, 8 J. Empirical Legal Stud. 177 (2011);
·Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges, 27 J. Legal Stud. 271 (1998) (with William M. Landes & Lawrence Lessig), in G. Mitu Gulati & Eric A. Posner, Are Judges Overpaid? A Skeptical Response To The Judicial Salary Debate, 1 J. Legal Analysis 47 (2009);
·Removal, Remands, and Reforming Federal Appellate Review, 58 Mo. L. Rev. 287 (1993), in James E. Pfander, Collateral Review Of Remand Orders: Reasserting The Supervisory Role Of The Supreme Court, 159 U. Pa. L. Rev. 493 (2011); and
·Supreme Court Monitoring of State Courts in the Twenty-First Century, 35 Ind. L. Rev. 335 (2002), in Jason Mazzone, When the Supreme Court is Not Supreme, 104 Nw. U. L. Rev. 979 (2010).
Michael was quoted in:
·6th Circuit On Losing Streak In Supreme Court Cases, Cincinnati Enquirer, Feb. 20, 2011, at B1; and
·U.S. 6th Circuit Court Of Appeals On 0-15 Losing Streak, Cincinnati Enquirer, Feb. 22, 2011.
Visiting Professor of Law
Margaret’s paper, A Free Speech Right to Impugn Judicial Integrity in Court Proceedings, 51 B.C. L. Rev. 363, was discussed on the Law Blog at \http://bloglawblog.com/blog/?tag=margaret-tarkington.
Joseph P. Tomain
Dean Emeritus and the Willbert and Helen Ziegler Professor of Law
Joe’s article, Cyberspace Is Outside The Schoolhouse Gate: Offensive, Online Student Speech Receives First Amendment Protection, 59 Drake L. Rev. 97 (2010), is now in print.
Joe’s book, Regulatory Law and Policy: Cases and Materials (LexisNexis Group, 3d ed. 2003) (with Sidney Shapiro), in Robert L. Glicksman, Climate Change Adaptation: A Collective Action Perspective On Federalism Considerations,40 Envtl. L. 1159 (2010).
Professor of Law
The College’s Center for Race, Gender, and Social Justice—which Verna directs with Emily Houh and Kristin Kalsem—sponsored a “Coffee Corner” discussion with Wayne McKenzie, Director of the Prosecution and Justice Project with the Vera Institute of Justice (based in New York). The Center also sponsored a panel discussion on the causes, consequences, and cures of racial and ethnic disproportionality in conviction and incarceration rates, featuring Mr. McKenzie, Steve Tolbert (Hamilton County Prosecutor’s Office), and Janaya Trotter (Ritter & Randolph, LLC), and moderated by Janet Moore, Visiting Assistant Professor at the College of Law.
Law Library Faculty
Susan’s book review, Doing Social Media So It Matters: A Librarian’s Guide by Laura Solomon, AALL Spectrum Blog (Feb. 2, 2011), is now in print.